Mayor was properly removed

A Weld District Court judge ruled Thursday that the town of Ault acted properly in removing Mayor James Fladung from office earlier this year.

Fladung said he had not talked with his lawyer and was not aware of the decision, but said he was disappointed.

“I feel sad because the citizens of Ault didn’t get a chance to voice their opinion,” Fladung said. “The (town) board took the constitutional rights of the citizens of Ault. They are the ones who voted me in and should have had a say on whether or not I should leave.”

Fladung filed his lawsuit in August, saying the Ault Town Board unlawfully dismissed him as mayor. He and his attorney, George Parker of Fort Collins, said the town did not follow certain steps in trying to remove Fladung from office.

The town board unanimously decided Aug. 8 to remove Fladung from office, citing his alcoholism, his arrest in an assault this spring and his absence from meetings as reasons for his dismissal. A recall petition had been initiated by a group of residents prior to his dismissal.

In his decision Thursday, Weld District Chief Judge Roger Klein said the town’s decision was right, adding that Fladung was given 30 days to appeal the board’s decision.

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According to court records, Fladung ordered a transcript of the Aug. 8 hearing, but he didn’t take any action.

Klein said Colorado rules for civil procedure provide that when a governmental body, such as the town board, exercises certain functions, a review of those actions is limited to a determination of whether the board exceeded its jurisdiction or abused its discretion based on the evidence.

Since Fladung failed to file a complaint within the 30-day requirement, Klein ruled that he lost the right to challenge the board’s decision.

He ruled that a failure of a responding party to file a response may be considered a confession to the charges filed by the board.